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DECREE No. 172/2004/ND-CP OF SEPTEMBER 29, 2004 PRESCRIBING THE ORGANIZATION OF THE PROFESSIONAL AGENCIES UNDER THE PEOPLE'S COMMITTEES OF THE RURAL AND URBAN DISTRICTS AS WELL AS PROVINCIAL CAPITALS AND CITIES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 26, 2003 Law on Organization of the People's Councils and People's Committees;

At the proposal of the Minister of Home Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope and subjects of regulation

1. This Decree prescribes the organization of the professional agencies under the People's Committees of the rural and urban districts as well as provincial capitals and cities (hereinafter referred collectively to as the district level).

2. The professional agencies under the district-level People's Committees include sections and section-equivalent bodies (hereinafter referred collectively to as sections).

3. Non-business organizations under the district-level People's Committees, centrally-run agencies organized according to their respective specialized hierchies, agencies of the provincial/municipal Services or Service-equivalent bodies under the provincial/municipal People’s Committees (hereinafter referred collectively to as the provincial/municipal Services), which are located in rural districts, shall not be governed by this Decree.

Article 2.- Principles for organization of the professional agencies under the district-level People's Committees

1. To be highly professional, neat, rational, effective and efficient, meeting the State management requirements in the district-level localities and ensuring the uniformity in management of branches and domains from the provincial to grassroots levels.

2. To be organized for multi-branch and multi-

domain management in the district-level localities; it is not necessary that the provincial-level Services have corresponding district-level organizations.

3. To be suitable to the districts' natural conditions, population and socio-economic development situation and the State administrative reform requirements.

4. To strictly comply with the competence, order and procedures for the setting-up of the professional agencies prescribed in this Decree and other relevant law provisions.

Article 3.- Position and functions of the professional agencies under the district-level People's Committees

1. The professional agencies under the district-level People's Committees shall act as advisory bodies, assisting the district-level People's Committees in performing the State management function in the localities and perform a number of tasks and powers under the authorization of the district-level People's Committees and according to law provisions; contribute to ensuring the uniform management of branches or working domains in the localities.

2. The professional agencies under the district-level People's Committees shall be subject to the direction and management in terms of their organization, payroll and work by the district-level People's Committees, and at the same time to the professional direction and examination by the professional agencies under the provincial-level People's Committees.

Article 4.- Tasks and powers of the professional agencies under the district-level People's Committees

1. To submit to the district-level People's Committees for promulgation decisions and directives on matters falling within the assigned State management domains.

2. To submit to the district-level People's Committees long-term, 5-year and annual plannings and plans on the assigned State management domains.

3. To submit to the district-level People's Committees programs and measures for the performance of the State administrative reform tasks in the assigned State management domains.

4. To organize the implementation of legal documents, plannings and plans after they are approved; to propagate, disseminate and educate in the legislation on the assigned State management domains.

5. To assist the district-level People's Committees in conducting, and bear responsibility for, the evaluation, registration and grant of business licenses within the scope of responsibilities and competence of the professional agencies according to law provisions and the assignment of the district-level People's Committees.

6. To assist the district-level People's Committees in performing the State management over collective-economy and private-economy organizations, associations and non-governmental organizations operating in the localities in the domains managed by the professional agencies according to law provisions.

7. To provide professional guidance on the domains managed by the professional agencies to public employees of the communes, wards and district townships (hereinafter referred collectively to as the commune level).

8. To organize the application of scientific and technological advances; to build information and archival system in service of the State management and professional work of the district-level professional agencies.

9. To abide by the regime of periodical and extraordinary information and reporting on the performance of the assigned tasks according to the regulations of the district-level People's Committees and the branch- and domain-managing provincial/municipal Services.

10. To examine and inspect organizations and individuals in the observance of law provisions within the branches or domains under their respective charge; to settle complaints and denunciations and combat corruption according to law provisions and the assignment of the district-level People's Committees.

11. To manage organizational apparatuses and payrolls; to implement regimes and policies towards, as well as the regimes of preferential treatment, commendation, discipline of, and provide professional training and fostering to officials and public employees under the management of the district-level professional agencies according to law provisions and the assignment of the district-level People's Committees.

12. To manage finance and assets of the professional agencies according to law provisions and the responsibility assignment by the district-level People's Committees.

13. To perform a number of other tasks assigned by the district-level People's Committees.

Article 5.- Heads of the professional agencies under the district-level People's Committees

1. The heads of the professional agencies under the district-level People's Committees shall bear responsibility before the district-level People's Committees, the presidents of the district-level People's Committees and before law for the performance of the functions, tasks and powers by the professional agencies under their charge.

2. Deputy-heads of the professional agencies under the district-level People's Committees shall assist the heads in directing some working aspects and bear responsibility before the heads for their assigned tasks. When the heads are absent, one of their deputies shall be authorized to administer activities of the district-level professional agencies.

The number of deputy-heads of a professional agency under the district-level People's Committees shall not exceed two.

3. The transfer, rotation, commendation, disciplining, relief from office, resignation of, and implementation of regimes and policies towards, the heads and deputy-heads of the professional agencies shall be decided by the presidents of the district-level People's Committees according to law provisions.

Article 6.- Working regimes and responsibilities of the heads of the professional agencies under the district-level People's Committees

1. The professional agencies shall work according to the single-boss regime.

2. The heads of the district-level professional agencies shall base themselves on law provisions and assignment of the district-level People's Committees to formulate the working regulations as well as information and reporting regimes of their agencies, and direct and examine the implementation of such regulations and regimes.

3. The heads of the district-level professional agencies shall bear responsibility for the performance of their agencies' functions, tasks and powers as well as the tasks assigned or authorized by the district-level People's Committees or the presidents of the district-level People's Committees; practice thrift, combat wastefulness and bear responsibility for the corruption or damage which occur in the organizations or units under their management.

4. The heads of the district-level professional agencies shall have to report to the district-level People's Committees, the presidents of the district-level People's Committees and the branch- and domain-managing provincial/municipal Services on the organization and operation of their agencies; ask for their opinions on issues falling beyond their competence and report on work situation to the People's Councils and People's Committees of the same level when so requested; coordinate with the heads of the professional agencies and socio-political organizations of the same level in settling matters related to their functions, tasks and powers.

Chapter II

ORGANIZATION OF THE PROFESSIONAL AGENCIES UNDER THE DISTRICT-LEVEL PEOPLE'S COMMITTEES

Article 7.- Uniformly-organized professional agencies under the district-level People's Committees

1. The Sections of Home Affairs-Labor, War Invalids and Social Affairs shall advise and assist the district-level People's Committees in performing the State management over home affairs as well as labor, war invalids and social affairs.

2. The Finance-Planning Sections shall advise and assist the district-level People's Committees in performing the State management over finance, planning, investment and business registration.

3. The Education Sections shall advise and assist the district-level People's Committees in performing the State management over preschool, primary, junior secondary and semi-boarding senior secondary education; district-level regular education centers and general technical-vocational orientation centers.

4. The Culture-Information-Sports Sections shall advise and assist the district-level People's Committees in performing the State management over culture, information, physical training, sports, radio broadcasting and television.

5. The Health Sections shall advise and assist the district-level People's Committees in performing the State management over the care for, and protection of, people's health, including preventive medicine, medical examination and treatment, functional rehabilitation, traditional medicine, human-use curative medicines, human health-affecting cosmetics, food safety and hygiene, and medical equipment.

6. The Natural Resources and Environment Sections shall advise and assist the district-level People's Committees in performing the State management over land resource, water resource, mineral resource and environment.

7. The Justice Sections shall advise and assist the district-level People's Committees in performing the State management over the elaboration of legal documents, examination of legal documents, law dissemination and education, execution of civil judgments, authentication, civil status, legal assistance, reconciliation at grassroots level and other judicial work.

8. The Economic Sections shall advise and assist the district-level People's Committees in performing the State management over agriculture, forestry, fishery, salt-making, sedentarization, new economic zones, science and technology, industry, cottage industry and handicrafts, trade, tourism, and cooperatives.

9. The Economic Infrastructure Sections (for urban districts and provincial capitals and cities which set up the Urban Management Sections) shall advise and assist the district-level People's Committees in performing the State management over architecture, planning, construction, construction materials, dwelling houses and working offices, communication, post and telecommunications.

The Urban Management Sections shall advise and assist the People's Committees of the urban districts as well as provincial capitals and cities in performing the State management over architecture, planning, construction, dwelling houses and working offices, construction materials, communication, post and telecommunications.

10. The district Inspectorates are professional agencies under the district-level People's Committees, having the responsibility to assist the People's Committees of the same level in performing the State management over inspection work and perform the administrative- inspection tasks and powers within the State management scope of the district-level People's Committees.

11. The Committees for Population, Family and Children shall advise and assist the district-level People's Committees in performing the State management over population, family and children.

12. The Offices of the district-level People's Councils and People's Committees shall advise and assist the district-level People's Councils and People's Committees in:

a/ Organizing the service of activities of the People's Councils, the standing boards of the People's Councils, various boards of the People's Councils and deputies to the People's Councils, and advise on a number of tasks assigned by the chairmen of the district-level People's Councils;

b/ Organizing activities of the People's Committees and the presidents of the People's Committees in directing and administering common activities of the State administrative apparatuses; assist the presidents of the district-level People's Committees in regulating and coordinating activities of the professional agencies of the same level, the commune-level People's Councils and People's Committees in order to materialize the working programs and plans of the district-level People's Committees and the presidents of the district-level People's Committees; ensure material and technical conditions for the operation of the district-level People's Councils and People's Committees; advise and assist the district-level People's Committees in external affairs as well as emulation and commendation work;

c/ For rural districts which fail to fully satisfy the criteria for setting-up of agencies in charge of religion and nationality work, the Offices of the district-level People's Councils and People's Committees shall also function to advise and assist the district-level People's Committees and the presidents of the district-level People's Committees in these domains.

Article 8.- Professional agencies under the district-level People's Committees which are organized according to local particularities

Basing themselves on the characteristics, socio-economic development situation, officials' capability and State management requirements in the localities, the district-level People's Committees may be composed of the following professional agencies:

1. The Religion Sections: The criteria for setting-up of the district-level Religion Sections shall comply with the Government's Decree No. 22/2004/ND-CP of January 12, 2004 on consolidation of the apparatuses performing religious work under the People's Committees of various levels.

2. The Nationality Sections: The criteria for setting-up of the district-level Nationality Sections shall comply with the Government's Decree No. 53/2004/ND-CP of February 18, 2004 on consolidation of the apparatuses performing ethnic work under the People's Committees of various levels.

3. The Economic Sections may be separated into two sections; their names shall be submitted by the provincial-level People's Committees to the provincial-level People's Councils for decision.

Basing themselves on the specific conditions of each island district, the provincial-level People's Committees shall submit to the provincial-level People's Councils for decision the number and names of the professional sections under the island district People's Committees. The number of the professional sections of a island district People's Committee shall not exceed 10.

Chapter III

TASKS AND POWERS OF THE PROVINCIAL-LEVEL PEOPLE'S COMMITTEES AND THE DISTRICT-LEVEL PEOPLE'S COMMITTEES FOR ORGANIZATION OF THE PROFESSIONAL AGENCIES

Article 9.- Provincial-level People's Committees

1. For the provinces and centrally-run cities which implement the "one-door" mechanism at the People's Committees of the rural and urban districts as well as provincial capitals and cities under the Prime Minister's Decision No. 181/2003/QD-TTg of September 4, 2003, the provincial-level People's Committees shall submit to the People's Councils of the same level for decision the merger or dissolution of the professional agencies prescribed in Article 7 of this Decree.

2. To submit to the provincial-level People's Councils:

a/ For approval the structures of the professional agencies under the district-level People's Committees according to the provisions of Article 7 of this Decree.

b/ For decision the setting-up, merger or dissolution of a number of professional agencies under the district-level People's Committees according to the provisions of Article 8 of this Decree.

3. To provide specific guidance on the functions, tasks, powers and organizational structures of the professional agencies under the district-level People's Committees according to the provisions of this Decree and other relevant legal documents.

4. To examine and inspect the organization of professional agencies under the district-level People’s Committees.

Article 10.- District-level People's Committees

1. To submit to the provincial-level People's Committees schemes on the setting-up, merger or dissolution of professional agencies according to the provisions of Articles 7 and 8 of this Decree;

2. To prescribe the specific tasks, powers and organizational structures of the professional agencies under the district-level People's Committees under the guidance of the provincial-level People's Committees.

Article 11.- Presidents of the district-level People's Committees

1. To appoint the heads and deputy-heads of the professional agencies under the district-level People's Committees according to the criteria and titles prescribed by the provincial-level People's Committees (particularly, the appointment and relief from office of the district-level chief inspectors shall comply with the provisions of the Inspection Law);

2. Biannually and annually, to report on the organization and operation of the professional agencies under the district-level People's Committees to the People's Councils of the same level and the provincial-level People's Committees.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 12.- Implementation effect

1. This Decree takes effect 15 days after its publication in the Official Gazette.

2. The provincial-level People's Committees shall direct and complete the reorganization of the professional agencies under the district-level People's Committees within 90 days after the effective date of this Decree.

3. To annul Decree No. 86/HDBT of August 4, 1983 of the Council of Ministers on the tasks, powers and organizational apparatuses of the professional agencies under the district-level People's Committees; the Government Council's Decision No. 202/CP of May 26, 1981 on the functions, tasks and apparatuses of the administrations of the provincial capitals and cities; the Government's Decree No. 01/1998/ND-CP of January 3, 1998 on local medical system and Decree No. 12/2001/ND-CP of March 27, 2001 on reorganizing a number of professional agencies under the provincial/municipal People's Committees and the People's Committees of the urban and rural districts as well as provincial capitals and cities.

Article 13.- Implementation responsibilities

1. The Minister of Home Affairs shall assume the prime responsibility for, and coordinate with the Minister-Director of the Government Office in, urging and examining the implementation of this Decree, and report to the Prime Minister on the implementation results.

2. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the chairmen of the People's Councils, and the presidents of the People's Committees of the provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government

Prime Minister
PHAN VAN KHAI